Claiming yourself costs nothing and, in a clear case, takes one letter. The process is the same everywhere: evidence, the right rule, a written claim, then escalation if needed. Airlines count on passengers dropping out between those stages.
Step 1: collect evidence at the airport
- Keep boarding passes, the booking confirmation and bag tags.
- Photograph the departures board and note the time the aircraft door opened on arrival. For EU and UK claims, that is the moment the delay is measured (CJEU, Germanwings, C-452/13).
- Ask staff for the reason for the disruption, in writing if possible. In Brazil the airline must give it in writing on request (Art. 20, § 2, ANAC Resolution 400).
- Keep itemised receipts for food, hotel and transport if the airline does not provide them.
- For baggage, file a Property Irregularity Report before leaving the airport.
Watch out
Do not sign anything that waives further claims in return for a voucher.
Step 2: check which rule applies
The law depends on where the flight departed and who operated it, not on your nationality. The calculator asks a few questions and tells you the regime and the amount. The underlying rules are on the pages for EU261, UK261, ANAC Resolution 400, US DOT rules and the Montreal Convention.
Step 3: send the claim to the airline
Write to the airline that operated the flight. Use its official claims form and state the flight, the article and the amount. Ready-made text is on the claim letter page. Save the confirmation and set a reminder for your deadline.
Tip
If the airline answers with extraordinary circumstances, ask it to name the event and explain its effect on your flight. The burden of proof is on the airline (Art. 5(3), Regulation 261/2004).
Step 4: escalate if refused or ignored
European Union
- National enforcement body (NEB). After two months without a reply, or after a refusal, complain to the NEB of the country where the incident happened (Art. 16, Regulation 261/2004). It is free. In most countries the opinion is not binding.
- ADR. Some countries have an aviation ADR or conciliation body. Where the airline takes part, it is usually faster than court.
- European Small Claims Procedure. For cross-border claims up to €5,000, in all EU countries except Denmark (Regulation (EC) No 861/2007). You complete Form A and send it to the court. You may sue at the place of departure or of arrival (CJEU, Rehder, C-204/08).
United Kingdom
- ADR. After a final refusal or eight weeks without one, refer the case to the airline’s CAA-approved scheme, AviationADR or CEDR. It is free for passengers. If the airline has joined neither, the CAA’s PACT team may help.
- Court. In England and Wales, use Money Claim Online on GOV.UK. Claims up to £10,000 normally go to the small claims track. Scotland uses Simple Procedure for claims up to £5,000, and Northern Ireland has its own small claims court. A fee applies and is added to the claim.
Brazil
- Anac Passageiro. Register the complaint: ANAC forwards it to the airline, which has up to ten calendar days to answer. ANAC says it does not act on individual cases.
- consumidor.gov.br. If the airline is a participating company, register the complaint. It normally answers within 10 days and you rate the outcome.
- Juizado Especial Cível. For claims up to 40 minimum wages. No lawyer is needed up to 20 (Arts. 3 and 9, Law 9.099/1995). Filing is free at first instance.
For flights within Brazil, with ANAC’s channels, see how to complain about an airline in Brazil.
United States
File a complaint with the Department of Transportation. Airlines must acknowledge written complaints within 30 days and answer in substance within 60 (14 CFR 259.7).
DOT does not award money to individuals. For an unpaid refund, a card chargeback or small claims court are the remaining routes.
Step 5: mind the deadlines
| Claim | Deadline | Basis |
|---|---|---|
| EU261, court action | National law: 3 years Germany, 5 France and Spain, 6 Ireland, 1 Poland | CJEU, Cuadrench Moré, C-139/11 |
| UK261, court action | 6 years; 5 in Scotland | Limitation Act 1980; Prescription and Limitation (Scotland) Act 1973 |
| UK ADR referral | 12 months from the airline’s final reply | CAA |
| Damaged bag, written complaint | 7 days from receipt | Art. 31(2), Montreal Convention |
| Delayed bag, written complaint | 21 days from delivery | Art. 31(2), Montreal Convention |
| Montreal Convention, court action | 2 years | Art. 35 |
| Brazil, domestic flight | 5 years | Art. 27, CDC |
Good to know
One change is coming. Under Regulation (EU) 2026/2202, which applies from 23 October 2027, a request for EU compensation will have to reach the airline within nine months of the flight. Do not sit on a claim.
If you prefer not to do it yourself
A claims company will run the same steps for a share of the payout. That can make sense when the case is heading to court abroad. The trade-offs are set out in claims companies.
Two that take claims online are AirHelp and Compensair. Both state a fee of 35% of the compensation when they win, and more if the case goes to court (AirHelp price list and Compensair payment policy, read on 8 October 2026).